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Constitutional Amendment in Canada
Emmett Macfarlane (Edited by)
9781442628731
Paperback / softback, published 14 July 2016
352 pages, 1 b&w table
22.9 x 15.2 x 2.5 cm, 0.52 kg
‘Constitutional Amendment in Canada provides interesting food for thought on the limits of constitutional growth through formal constitutional amendment.’
In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system. Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada. Emmett Macfarlane has brought together a group of expert authors to address such topics as the difficulties of constitutional reform, the intersection of various levels of government and the judiciary, and the ability of the public to veto proposed changes. Filling a serious gap in the literature, Constitutional Amendment in Canada is an authoritative study of the historical and contemporary implications of the amending formula.
Acknowledgment Introduction ‒ Striking a Balance: The Players and Procedures of Canada’s Constitutional Amending Formula Part One: The Players 1 Searching for an Amending Formula: The 115-year Journey 2 Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982 3 The Federal Principle: Constitutional Amendment and Intergovernmental Relations 4 Part II and Part V: Aboriginal Peoples and Constitutional Amendment Part Two: The Procedures 5 Constitutional Amendment by Legislation 6 U2: Unanimity vs. Unilateralism in Canada’s Politics of Constitutional Amendment 7 Understanding the Section 43 Bilateral Amending Formula 8 The Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec 9 The End of Informal Constitutional Change in Canada? Part Three: The Issues 10 DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada 11 The Uncertain Future of Senate Reform 12 The Crown and Constitutional Amendment after the Senate and Supreme Court References 13 "The Most Radical Amendment of All": The Power to Secede and the Secession Reference Conclusion: The Future of Canadian Constitutional Amendment Appendix: Text of Part V of the Constitution Act, 1982 Selected Bibliography Contributors Index
Emmett Macfarlane
Nadia Verrelli
Adam Dodek
Carissima Mathen
Christa Scholtz
Warren J. Newman
Rainer Knopff
Dwight Newman
Emmanuelle Richez
Dennis Baker and Mark D. Jarvis
Erin Crandall
Emmett Macfarlane
Philippe Lagassé and Patrick Baud
Kate Puddister
Emmett Macfarlane